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MATTER OF WAWRZYNEK v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

291 A.D.2d 627 (2002)

736 N.Y.S.2d 915

In the Matter of WALTER WAWRZYNEK, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 7, 2002.

Crew III, J.

Petitioner, a correction officer, filed applications for disability retirement benefits and performance of duty disability retirement benefits as the result of an injury to his back sustained during the course of his work. Based upon the medical evidence presented at a hearing, respondent Comptroller found that petitioner was not incapacitated for the performance of his duties and denied the applications. Petitioner...

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